Which of the following is a true statement? A. Fraud by active concealment occurs when a...

Which of the following is a true statement?

	A.	Fraud by active concealment occurs when a party to a contract fails to disclose all of the known facts about the subject matter of the contract.
	B.	To be actionable for fraud, a misrepresentation must pertain to a future opinion.
	C.	The threat to bring a lawsuit to obtain an agreement can be grounds for duress if the suit is a legitimate one.
	D.	A mutual mistake renders a contract null and void.

Solutions

Expert Solution

A) Fraud by active concealment occurs when a party to a contract fails to disclose all of the known facts about the subject matter of the contract.

The party should have been aware of the fact at the time of signing, it should be relevant to the contract, it has to be a fact which could have influenced the signing of the contract by the other party.

C) The threat to bring a lawsuit to obtain an agreement can be grounds for duress if the suit is a legitimate one.

Any kind of threat or pressure applied upon a person to obtain consent for a contract which can be suitably considered as duress, shall be considered as grounds for the contract being declared void, provided the other party to the contract was directly the cause of such duress.

D) A mutual mistake renders a contract null and void.

Provided the mistake is with regards to a material fact of the contract and thus, the very terms of the contract become invalid, as a misconception exists regarding the very fact the contract is signed for agreement upon.

keosha answered 3 months ago

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